No. 25-7023

Wayne Ross Maitland v. United States

Lower Court: Fifth Circuit
Docketed: 2026-03-12
Status: Pending
Type: IFP
Response WaivedIFP
Tags: Buck-v-Davis certificate-of-appealability habeas-corpus-2255 ineffective-assistance-of-counsel kidnapping McCoy-v-Louisiana
Latest Conference: 2026-04-17
Question Presented (from Petition)

Whether the Fifth Circuit violated this Court's teachings under Buck v. Davis, 580 U.S. 100 (2017) regarding COA, and whether elements or guidelines are required to clarify the undefined term "reasonable jurists"; and whether the court below (as many circuits have heretofore done) is eroding this Court's holding in McCoy v. Louisiana, 138 S.Ct. 1500 (2018), granting to the defendant the right to demand his counsel not to concede guilt.

Question Presented (AI Summary)

Whether the Fifth Circuit violated Buck v. Davis by summarily denying a certificate of appealability without clarifying the undefined standard of 'reasonable jurists,' and whether the court eroded McCoy v. Louisiana by failing to respect a defendant's right to control his counsel's concession of guilt in closing arguments

Docket Entries

2026-04-02
DISTRIBUTED for Conference of 4/17/2026.
2026-03-25
Waiver of United States of right to respond submitted.
2026-03-25
Waiver of right of respondent United States to respond filed.
2025-12-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 13, 2026)

Attorneys

United States
D. John SauerSolicitor General, Respondent
Wayne Ross Maitland
Wayne Ross Maitland — Petitioner